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Disputes, Diligence & Resolution

Insolvency & Resolution — The IBC, Navigated

The Insolvency and Bankruptcy Code is India's most consequential commercial law — and its most time-bound. Whether you're a creditor seeking recovery, a debtor facing proceedings, or a resolution applicant eyeing an asset, the IBC rewards those who understand its machinery. We work all three sides (never simultaneously).

330 daysouter limit for CIRP — the clock is real
₹1 crminimum default threshold for filing
CoCcommittee of creditors drives the process
NCLTadjudication — specialised and fast-moving

What is IBC advisory, in plain words?

The IBC provides a time-bound process for resolving insolvency: a creditor (financial or operational) or the debtor itself can initiate the Corporate Insolvency Resolution Process (CIRP) before the NCLT on a default of ₹1 crore or more. A resolution professional takes over management, creditors form a committee (CoC), claims are invited and verified, and resolution plans are voted on — all within 330 days.

The Code's genius and terror is the timeline. Every stage has a clock, and the process doesn't wait for the unprepared. Creditors who file well-drafted applications get admitted; sloppy ones get rejected. Debtors who engage early preserve options; those who don't lose control of their company.

How do you know you need this?

Signal 01

Financial creditors with stressed exposures — banks, NBFCs, funds — deciding between IBC, restructuring outside the Code, or enforcement. The choice has to be made on recovery maths, not momentum; IBC isn't always the answer.

Signal 02

Operational creditors owed money by companies heading into distress — the Section 9 route is powerful but procedurally exact. And corporate debtors seeing the wall approaching: pre-initiation strategy (negotiation, restructuring, preparation) beats reacting to someone else's filing.

Signal 03

Resolution applicants — investors and strategics looking at CIRP assets. Distressed M&A under the Code has its own rules: plan drafting, CoC engagement, and the 29A eligibility minefield.

What we actually do.

1

Creditor initiation (Sections 7 & 9)

Applications drafted to admission standard — default established, documentation complete, the procedural requirements that sink weak filings handled upfront. Financial and operational creditors, both.

2

Debtor defence and strategy

Responding to initiation: jurisdictional challenges where available, settlement before admission where sensible, and preparation for CIRP where inevitable. The period before admission is where debtors have the most leverage — use it.

3

Claims and CoC participation

Claim filing with proper documentation, verification follow-through, and CoC participation strategy. In the CoC, the prepared creditor shapes outcomes; the passive one accepts them.

4

Resolution plans

Plan drafting for applicants — compliant with 29A and the Code’s mandatory contents, commercially compelling to the CoC, and structured to survive NCLT approval. Distressed assets are bought on plan quality as much as price.

5

NCLT representation

Across all of it — counsel briefed, hearings managed, strategy coherent. IBC practice moves fast; preparation has to move faster.

What it costs, and how long it takes.

How long it takes

Phased fixed fees: initiation/defence, CIRP participation, plan drafting — each quoted separately. IBC work is intense and time-bound; the fee reflects the pace.

What it costs

CIRP runs up to 330 days by statute. Pre-initiation strategy should start the moment distress is visible, not when the notice arrives.

Where we see this go wrong.

Watch out

Filing a defective application

Section 7 and 9 applications get rejected on procedural grounds more often than merits. Default documentation, limitation, the demand notice sequence — each has requirements, and the NCLT enforces them. Draft to admission standard or don't file.

Watch out

Ignoring 29A

Resolution applicants disqualified under Section 29A (connected persons, wilful defaulters, etc.) after investing months in a plan. Eligibility checked first, always — it's a threshold, not a detail.

Watch out

Sleepwalking into CIRP

Debtors who ignore creditor pressure until admission, then discover the RP runs the company and the CoC decides its fate. Pre-initiation engagement — restructuring, settlement, preparation — is where control is preserved.

How the engagement works.

Step 01

Assess

Exposure, options, leverage. IBC vs alternatives — the honest recommendation.

Step 02

Initiate/Defend

Applications filed to admission standard; defences mounted on merits and procedure.

Step 03

Participate

Claims, CoC, plan process — engaged actively, not passively.

Step 04

Resolve

Plan approval, implementation, or the alternative path. The distress, resolved.

Questions we hear.

Depends on the debtor's viability, your security position, and recovery maths. IBC is powerful but not always optimal — we recommend on analysis, not reflex.

₹1 crore for CIRP initiation. Below that, other remedies apply.

Yes, under Section 9 — with a demand notice and the procedural sequence the Code requires. Operational creditors have real power in the Code; use it properly.

Eligibility criteria for resolution applicants — barring wilful defaulters, connected persons of the debtor, and others specified. Checked before plan investment, not after.

Up to 330 days statutorily, including litigation time. Extensions are exceptional. The clock disciplines everyone.

Yes — Section 12A allows withdrawal with 90% CoC approval. Pre-admission settlement is cleaner; post-admission needs the CoC.

It's suspended — the Resolution Professional runs the company as a going concern. The board's powers vest in the RP; promoters become spectators.

Only if 29A-eligible — defaulting promoters are generally barred. The eligibility test is strict and front-loaded, so check before investing in a plan.

Thirty to sixty percent is common in successful resolutions; liquidation recoveries run far lower. Speed of filing correlates with recovery.

No — only financial creditors vote in the CoC. But operational creditors' claims and participation still shape the process, so know your leverage before spending on the fight.

Disputes, Diligence & Resolution

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